An attorney for Daniel Penny, the Marine veteran charged with second degree manslaughter in the death of Jordan Neely on a New York subway, spoke to Fox News’ Judge Jeanine Pirro on Monday.
The attorney said that none of the accusations about Penny being a murderer, vigilante or racist are based on facts. He said Neely was acting in an erratic manner, screaming, flailing his arms and threatening passengers, and Penny put his life at risk to subdue Neely to protect all the people on the train, black, brown and white. He also said he didn’t put Neely in a choke hold, and took care to hold him in a way where he could breathe.
Activists are also claiming that Neely was just a poor, benign Michael Jackson impersonator, and that his record of 42 arrests were just petty charges because he was homeless. But the New York Post dug into his record and found some very disturbing charges, like attempted kidnapping after he allegedly dragged a 7-year-old girl down the street, and punching a female stranger in the face as she exited a subway, breaking her nose and fracturing her eye socket. And they wonder why people might have been frightened of being in a subway car with him. Of course, none of these serious charges resulted in serious consequences.
Jordan Neely certainly didn’t deserve to die, but Daniel Penny obviously didn’t mean to kill him. It appears that he did what he believed he had to do to protect innocent lives, like any Marine would. The key fact is that if Neely had been in jail or in a mental hospital instead of being released 42 times, he wouldn’t have been threatening people on a subway and he would be alive today.
So I will once again point out the obvious: if manslaughter means you are responsible for someone’s death whether you directly planned it or not, then DA Alvin Bragg needs to release Daniel Penny and charge himself with manslaughter.